How the injury lawyers Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, you may start a lawsuit. However many people are confused about how the litigation process is carried out.

In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.

Time to File

Every state has a law that limits the time you can bring a lawsuit following an accident. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this can take months.

At this point, a skilled lawyer will present an offer of settlement. However, your attorney cannot make a demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.

You may also have to adhere to additional time limits if you were injured by a government entity the government or by a physician who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain these in more detail. These cases are typically resolved quicker than other types of cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule that could effectively pause the clock in some cases. For instance, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally impaired or is younger than. You should consult with an experienced injury lawyer to determine the specific limitation period that applies to your case. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences on the victim as well as his or her family.

Damages

If a person wins an injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical expenses as well as lost wages and the costs related to an accident. Other kinds of damages compensate someone who is suffering from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working or forced you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages are typically greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it's not an essential element of every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two sides will talk alone with the mediator. After that, you'll go back and forth with counteroffers and offers until you reach a settlement.

Both the party responsible for the negligence and the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is a crucial step to avoid the long and injury lawyer stressful process of litigation. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you've been in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is required. This will be based on your particular circumstances and the quality of your evidence, and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a case of peers before jurors. The jury will determine whether the defendant was negligent and, if so what amount of compensation is due to cover your injuries, financial losses, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay you any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be issued by a judge or a jury during a bench trial. It will determine if the defendant was negligent and, if they were the case, what financial damages should you be awarded.